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Oxford Law Citator
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International Law in the U.S. Legal System, 2nd Edition by Bradley, Curtis A (4th June 2015)
Preliminary Material
Dedication
Contents
Preface
Main Text
1 Courts and Foreign Affairs
Subject Matter Jurisdiction and Justiciability
Personal Jurisdiction
Choice of Law in the Federal and State Courts
Act of State Doctrine
Forum Non Conveniens and Comity-Based Abstention
Charming Betsy Canon
Deference to the Executive Branch in Foreign Relations Cases
Constitutional Powers of Congress and the President
Relationship between Congress and the President
Preemption of State Law
2 Treaties
The Treaty Process
Conditional Consent
Treaties as Supreme Federal Law
Non–Self-Execution
The VCCR Litigation
Exclusive Congressional Power and Non–Self-Execution
Non–Self-Execution Declarations
Last-in-Time Rule
Treaties and the President
Prohibition of State Treaty-Making
Relationship of Treaties to U.S. Federalism
Subject Matter Scope of the Treaty Power
Relationship of Treaties to Individual Rights
Interpretation of Treaties
Terminating Treaty Commitments
3 Executive Agreements
The Rise of Executive Agreements
Executive Agreements Pursuant to Treaty
Congressional–Executive Agreements
Partial Interchangeability of Treaties and Congressional–Executive Agreements
Sole Executive Agreements
Settlement of Claims
Legal Effect and Termination of Sole Executive Agreements
Political Agreements
4 Decisions and Orders of International Institutions
Rise of International Institutions
Background Constitutional Principles
International Adjudication and Arbitration
The Vienna Convention Cases
International Criminal Tribunals
Treaty Amendments
Arms Control Inspection
Non–Self-Execution
5 Customary International Law
Text of the U.S. Constitution
Part of Our Law
General Common Law
Erie Railroad v. Tompkins
Federal Common Law and Sabbatino
Filartiga and the Restatement (Third)
CIL as Federal Common Law
Challenges to the Federal Common Law Claim
Political Branch Authorization for Federalizing CIL
International Law and Constitutional Interpretation
Uncertainties Surrounding CIL
6 Extraterritorial Application of U.S. Law
Territorial Scope of the Constitution
The Reach of Habeas Corpus
Presumption against Extraterritoriality
International Law Limits on Prescriptive Jurisdiction
Constitutional Limits on Statutory Extraterritoriality
Extraterritorial Application of State Law
7 Alien Tort Statute Litigation
Alien Tort Statute
The Marbois Controversy
The Filartiga Decision
Cause of Action
Torture Victim Protection Act
The Sosa Decision
Corporate Human Rights Litigation
Extraterritoriality
Kiobel v. Royal Dutch Petroleum
Additional Possible Limitations on ATS Litigation
8 Sovereign and Official Immunity
Foreign Governmental Immunity
Deference to the Executive Branch
Tate Letter
Foreign Sovereign Immunities Act
Exceptions to Immunity
Waiver
Commercial Activity
Takings of Property
Noncommercial Torts
State Sponsors of Terrorism
Diplomatic and Consular Immunity
Immunity of Heads of State and Other Foreign Officials
9 Extradition and Other Means of Criminal Law Enforcement
Presidential Power and Extradition
U.S. States and Extradition
U.S. Extradition Practice
Common Limitations in Extradition Treaties
Rule of Non-Inquiry
Specialty Doctrine
MLATs and Prisoner Exchange Treaties
International Abductions
Extraordinary Rendition
10 War Powers and the War on Terrorism
Modern International Law and Warfare
Congressional War Powers
Presidential War Powers
War Powers Resolution
Delegating War Powers
Placing U.S. Troops under Foreign Command
Military Detentions in the “War on Terrorism”
Third Geneva Convention
Judicial Review of the Detentions
Scope of Detention Authority
International Law and the AUMF
Additional Detention Legislation
Military Commission Trials
Coercive Interrogation
Targeted Killing
Conclusion
Further Material
Table of Cases
Table of Legislation
U.S. Code,
U.S. Code of Federal Regulations,
U.S. Constitution,
Index
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Table of Cases
From:
International Law in the U.S. Legal System (2nd Edition)
Curtis A. Bradley
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
04 June 2015
ISBN:
9780190217761
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